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 David Hudson serves as an attorney for the First Amendment
Center at Vanderbilt University in Nashville, Tennessee. The Center, which is funded
by the Freedom Forum, seeks to foster a greater public understanding and
appreciation for First Amendment rights and values. Hudson writes for the
Freedom Forum's online publication, The Freedom Forum Online, and other
leading publications devoted to First Amendment issues. He contributes regularly to
the American Bar Association's Preview of United
States Supreme Court Cases, the Commercial Speech
Digest and the ABA
Journal.
Attorneys cite legal authority to the court to advance the position
of their clients, asking the court to adopt their legal theory of the case.
The standard practice features attorneys citing legal authorities that
favor his or her client's position. Perhaps the attorney will distinguish
those cases that are negative to his or her client's position, particularly
if the opposing counsel raises those authorities. But, attorneys have the
ethical duty to cite cases that contradict their legal theory. In other
words, attorneys must disclose case law that is negative to their side of
the case. The duty to cite directly adverse legal authorities may be one of
the most often ignored and misunderstood ethical duties placed upon
attorneys. This online course examines this ethical duty It presents
several real-life appellate cases followed by a series of questions for
participants.
Click here to take this course.
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